218, Decrease side yard setback to , Resolutions & Approval Conditions• •
BEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
In the Matter of the Application
of
Dr. Larry Kelly
Lot 35-FT
ZONING CASE NO. 218
FINDINGS AND REPORT
The application of Dr. Larry Kelly, Lot 35-FT, Flying Triangle
Tract, for a variance of side yard requirements under ARTICLE III,
Section 3.07, Side Yard Requirements, and ARTICLE V, Section 5.06,
Extension of Non -conforming Building, Ordinance No. 33, came on for
hearing on the 16th day of January, 1979 in the Council Chambers of
the Administration Building, 2 Portuguese Bend Road, Rolling Hills,
California, and the applicant, having submitted evidence in support
of the application, the Planning Commission, being advised, now makes
its Findings and Report as required by the Ordinances of the City of
Rolling Hills, California.
The Commission finds that the applicant, Dr. Larry Kelly, is
the owner of that certain real property described as Lot 35-FT,
located at 2 Pinto Road in the City of Rolling Hills, and that notice
of the public hearing in connection with said application was given
as required by Sections 8.06 and 8.07 of Ordinance No. 33 of the City
of Rolling Hills, California. The Commission finds that Harry and
Karen Andrews, 67 Portuguese Bend Road, wrote and stated that they
have talked with the Kellys and agree with the request; Mrs. Catherine
Partridge, 69 Portuguese Bend Road, called and said she had no ob-
jection. In letters dated December 12, 1978 and January 16, 1979,
Mr. and Mrs. James Evans, owner of property at 62 Portuguese Bend
Road, expressed concern about construction on the Kelly property
within the easement adjacent to the southern boundary of the Evans
property. Mr. Evans addressed the Commission and said reduction of
Dr. Kelly's easement could deny Mr. and Mrs. Evans equitable use of
their land, since the reduced easement would limit the location of a
stable on the Evans property.
•
II.
The Commission finds that the reduction of easement approved
by the Board of Directors of the Rolling Hills Community Association
is not in the portion of the property which is adjacent to the Evans
property, and there will be no change in that portion which adjoins
the Evans property. The Commission finds, further, that Mrs. Carole
Hoffman, 73 Portuguese Bend Road, wrote to Dr. Kelly on December 13,
1978, supporting approval of the request, and the letter was entered
into the file on the matter. The Commission finds that a corner of
the existing house is already in the 25 foot easement, and further
expansion of the residence is limited by topography and placement of
the house on the property. The Commission finds that an extension of
a non -conforming use and variance of side yard requirements should be
granted in order to preserve substantial property rights possessed by
other properties in the same vicinity and zone.
III.
From the foregoing it is concluded that an extension of a non-
conforming building and a variance of side yard requirements as, shown
on Exhibit "A" in the file should be granted, and it is, therefore, so
ordered. This approval shall expire one year from the date of grant,
if not acted on.
/s/ Carol Hanscom
Chairman, Planning Commission
Sec, etary, P anning ' ommission